Abstract :
The independence and impartiality of the judicial power constitutes one of the essentials of the modern democracy and the rule of law. The independence of the judicial power primarily means that the judicial power is independence against legislative and executive branches of a state, which constitute the other two governmental body of a state, and they have not opportunity to impact the judicial power in its duties. In a broader sense, the independence of the judicial power means that the judicial power, during fulfilling its function, is not exposed to any restriction, impact, manipulation, suppression, threat and interference of any power, directly or indirectly, for any reason in whatsoever. On the other hand, the impartiality of the judicial power means that the judicial power, during resolving the disputes in front of it, should be neutral, should not treat any party differently than the other party in an unequal way and in favor of a party, in consideration of both any negative influence resulted from the parties or someone else and the feelings, prejudices and the thoughts arising from the judge’s personality, education, culture and political considerations, the judge should resolve the disputes by coming round from his own personality and any influence, the court decision has appearance that it is given unprejudiced in front of the public. The principles of the independence of the judicial power and the impartiality of the judicial power are inextricable and complemantary principles. The implementation of the principles of ensuring of rights and freedoms in the proper sense and equality before the law, which are the properties of the state governed by rule of law, is possible only with the presence of independent and impartial judicial power.
NaturalLanguageKeyword :
The independence of the judicial power , the impartiality of the judicial power , judicial guarantees
